Taking of fingerprints and samples: England and Wales
I14Information to be given on taking of material
Fingerprinting
1
In section 61 of the Police and Criminal Evidence Act 1984 (fingerprinting), for subsection (7) there is substituted—
7
Where a person's fingerprints are taken without the appropriate consent by virtue of any power conferred by this section—
a
before the fingerprints are taken, the person shall be informed of—
i
the reason for taking the fingerprints;
ii
the power by virtue of which they are taken; and
iii
in a case where the authorisation of the court or an officer is required for the exercise of the power, the fact that the authorisation has been given; and
b
those matters shall be recorded as soon as practicable after the fingerprints are taken.
2
In that section, in subsection (7A)—
a
for “subsection (6A)”, in the first place, there is substituted “
subsection (4A), (6A)
”
;
b
in paragraph (a), for the words from “(or” to “constable)” there is substituted “
(or, where by virtue of subsection (4A), (6A) or (6BA) the fingerprints are taken at a place other than a police station, the constable taking the fingerprints)
”
.
3
In that section, in subsection (8)
(requirement to record reason for taking fingerprints on custody record), for “the reason for taking them” there is substituted “
the matters referred to in subsection (7)(a)(i) to (iii) above
”
.
Intimate samples
4
In section 62 of that Act (intimate samples), for subsections (5) to (7A) there is substituted—
5
Before an intimate sample is taken from a person, an officer shall inform him of the following—
a
the reason for taking the sample;
b
the fact that authorisation has been given and the provision of this section under which it has been given; and
c
if the sample was taken at a police station, the fact that the sample may be the subject of a speculative search.
6
The reason referred to in subsection (5)(a) above must include, except in a case where the sample is taken under subsection (2A) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
7
After an intimate sample has been taken from a person, the following shall be recorded as soon as practicable—
a
the matters referred to in subsection (5)(a) and (b) above;
b
if the sample was taken at a police station, the fact that the person has been informed as specified in subsection (5)(c) above; and
c
the fact that the appropriate consent was given.
5
In that section, in subsection (8), the words “or (7A)” are repealed.
6
In the Police Reform Act 2002, in Part 3 of Schedule 4 (powers exercisable by detention officers), in paragraph 30 (warnings about intimate samples), for “section 62(7A)(a)” there is substituted “
section 62(5)(c)
”
.
Non-intimate samples
7
In section 63 of that Act (non-intimate samples), for subsections (6) to (8A) there is substituted—
6
Where a non-intimate sample is taken from a person without the appropriate consent by virtue of any power conferred by this section—
a
before the sample is taken, an officer shall inform him of—
i
the reason for taking the sample;
ii
the power by virtue of which it is taken; and
iii
in a case where the authorisation of an officer is required for the exercise of the power, the fact that the authorisation has been given; and
b
those matters shall be recorded as soon as practicable after the sample is taken.
7
The reason referred to in subsection (6)(a)(i) above must include, except in a case where the non-intimate sample is taken under subsection (3B) or (3E) above, a statement of the nature of the offence in which it is suspected that the person has been involved.
8
In that section, in subsection (9)
(requirement to record matters on custody record), for “subsection (8) or (8A) or (8B)” there is substituted “
subsection (6) or (8B)
”
.